LGP Slovakia / News / Legal aspects of the coronavirus – second wave

Legal aspects of the coronavirus – second wave

Legal aspects of the coronavirus – second wave

The second wave of COVID-19 brings us all open topics, even though we already have some knowledge from the first wave. Therefore, we have decided to prepare opinions on your most frequently asked questions about coronavirus, we have been confronted with in recent days. We try to continuously update all contributions according to new knowledge. At the same time, we believe that we will contribute to raising legal overview in this difficult situation.

Economic situation of companies – obligations and solutions

Dated: 12.11.2020

The amendment to the so-called act “Lex Corona“ effective from 12.05.2020 was introduced an institute of temporary protection of business entities. Its purpose is to create a time-limited framework with tools to support the effective management of the negative effects of the spread of Covid-19 disease on business entities operating the enterprises.

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First Aid Plus: Measures for entrepreneurs aimed on jobs sustainability support

Dated: 18.11.2020

In respect to re-declaring a state of emergency, and the measures taken in connection with it, the Slovak Government changed the scope and the conditions of the economic measures and state support provided through its "First Aid" project, currently updated as the "First Aid Plus" project.

This updated "First Aid Plus" project will apply to applications already submitted for the month of October 2020 and it further extends the implementation period of the economic measures from January to March 2021. Already existing applicants will receive amendments to their contracts. The starting time for the submitting of new applications and reports for the use of First Aid Plus is scheduled for the second week of November. 

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SOS Subsidy: Measures for entrepreneurs aimed on jobs sustainability support

Dated: 18.11.2020

In respect to re-declaring a state of emergency, and the measures taken in connection with it, the Slovak Government changed the scope and the conditions of the economic measures and state support provided through its "First Aid" project, currently updated as the "First Aid Plus" project.

This updated "First Aid Plus" project will apply to applications already submitted for the month of October 2020 and it further extends the implementation period of the economic measures from January to March 2021. Already existing applicants will receive amendments to their contracts. The starting time for the submitting of new applications and reports for the use of First Aid Plus is scheduled for the second week of November.

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Subsidies for renting real estate

Dated: 16.11.2020

The Government of the Slovak Republic, through the Ministry of Economy of the Slovak Republic, will provide subsidies for the lease of real estate and market places. The subsidy will be provided to such tenants who have been prevented from using the leased object as a result of extraordinary measures taken in connection with the spread of COVID-19 (by concluding the leased object, interrupting teaching in schools and school facilities) or substantially restricted by banning the public from being present (catering services, discos).

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Suspension of production or operation

Dated: 16.11.2020

If the regional Public health authority orders suspension of operation because of which work is not given to the employee, it is to be considered as an obstacle on the part of the employer. Employment of the employee continues and the employee is entitled to wage compensation representing 80 % of the employees average wage.

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Home office

Dated: 16.11.2020

The Labour code under normal circumstances (with the exception of declared emergency situation, extraordinary situation or a state of emergency) allows occasional performance of work from home or performance of work because of extraordinary situations with an approval from the employer or performance of work from home after an agreement with the employer or work from different place as the usual place of work under the precondition that in accordance with the employment agreement it is possible for the type of work the employee performs (Section 52 (5) of the Labour Code).

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Quarantine ordered to the Employee

Dated: 16.11.2020

Pursuant to section 144 (2) of the Labour Code, the employee shall be obliged to provide the employer with evidence of the existence and duration of the impediment to work. The competent institution shall provide the employee with a written confirmation of the existence and duration of the impediment to work, and the employee is obliged to notify the employer without undue delay.

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Closed schools and pre-school facilities

Dated: 16.11.2020

The employee is entitled to receive a nursing benefit, the same as in case of custody of a sick child, however, only in case of custody of children under 11 years old. For this special situation connected to the coronavirus, the Social Insurance introduced a new type of application form for nursing benefit. 

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Processing of Employees’ Personal Data

Dated: 19.11.2020

In connection with the comprehensive testing of the population of the Slovak Republic, several government resolutions were adopted, such as Decree-Law no 678/2020 and 693/2020 (Decrees-Law). The alleged Decree-Law constitute restrictions on freedom of movement. The Decrees-Law in question provide, inter alia, for exemptions for persons who can prove a certificate of negative RT-PCR test or a certificate issued by the Ministry of Health of the Slovak Republic with a negative result of an antigen test certified in the European Union for COVID-19. 

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